The Larry P. v. Riles case found that IQ tests used to place African American students in special education classes in California were culturally biased and discriminatory, in violation of federal statutes. The court ordered that IQ tests could no longer be used to identify or place African American students and that school districts must monitor placements to eliminate disproportionate representation of African American students in special education. The ruling increased focus on non-discriminatory assessment practices and development of culture-fair tests.

1. Larry P. v. Riles:
Overrepresentation & Bias in
Mental Measurement
Sherwood Best, Ph.D.
Professor
CSULA
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2. Larry P.
v.
Wilson Riles
495 F. Supp. 926 (1979)
Argued October 11, 1977
Decided October 16, 1979
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3. Terms
 EMR – Educably Mentally Retarded. A term
used by school districts to assign students
with IQ scores in the borderland-mild range
to special classes. Not a federal category.
 Test Validity – A statistical term that is
applied to a standardized test to evaluate
whether that test measures what it purports
to measure (intelligence, for example)
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4. Terms
 Preliminary injunction – An injunction
is a court order that requires a
person or entity to do something or
refrain from taking a particular action.
 Moot – Beside the point.
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5. Background
 Larry P. attended school in the San
Francisco Unified School District &
was experiencing academic difficulty
in his classes. As per the district
policy at that time, he was assessed
by a school psychologist using the
Stanford Binet Intelligence Test. The
results of this test indicated that Larry
P. had mild mental retardation & he
was subsequently placed in an EMR
class.
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6. Background
 Placement into EMR classes began with
referral from general education, followed by
assessment & recommendation by a school
psychologist.
 California’s EMR classes of the 1970’s were
designed to teach social & functional skills,
with little alignment with academic curricula.
 A disproportionate number of African-
American and Latino students were placed in
EMR classes.
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7. Background
 A class action lawsuit was brought on behalf
of 5 African-American children challenging the
use of certain IQ tests to place students into
EMR classes. The complaint was filed in
federal district court against:
 San Francisco Unified School District
 State Superintendent Wilson Riles
 Members of the California State Board of
Education
 Members of the San Francisco City Board
of Education
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8. Background
 The district court granted a preliminary
injunction. The defendants appealed & the
appellate court affirmed the district court.
 In August 1973 the defendants requested a 3-
judge court to determine if IQ tests were
racially & culturally biased. The district
court rejected this request.
 In December 1974 the court expanded the
original injunction to include all African-
American children in MR classes who were
there based on IQ test results.
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9. Background voluntarily
 In January 1975 the defendants
placed a moratorium on all IQ testing for
EMR placements of African-American
children.
 In July 1977 the plaintiffs filed an amended
complaint alleging a series of legal
violations. The trial began October 1977 and
concluded March 1978.
 Wilson Riles filed an appeal to the Ninth
Circuit. The Chief Judge was Robert F.
Peckham.(appellate court judge for expanded
class) 9

10. Issues
 Were the standardized intelligence (IQ) tests
used in California at that time validated for
the specific purpose used?(looking at
content)
 Were African-American students being
labeled as EMR inappropriately &
disproportionately due to IQ testing?
 If so, did their placement in EMR classes
constitute discrimination?
 If so, were African-American students being
placed improperly and stigmatized by the
IQ tests? 10

11. Applicable Law
 The Education of All Handicapped
Children Act (EAHCA) of 1975
 The Rehabilitation Act of 1973
 Title VI of the Civil Rights Act of 1964
 The Equal Protection Clause of the 14th
Amendment of the US Constitution
 The Equal Protection Clause of the
California Constitution
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12. Arguments - Plaintiffs
 The IQ tests were biased & the
defendants discriminated against
African-American children by using
them.
 The use of IQ tests resulted in
disproportionate placement of African-
American students into EMR classes
that stigmatized them, provided
inadequate education, & limited their
skills.(Equal Protection Violation)
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13. Arguments - Defendants
 Statutory requirements approved intelligence
testing for EMR placement.
 IQ tests were not unduly relied upon & used
to confirm suspicion.
 Stated that predictive validity of IQ tests was
generally known & accepted.
 Higher incidence of mental retardation among
African-Americans, attributed to:
 Genetic factors
 Societal/environmental factors
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14. Holding
 IQ tests were used to place African-American
students into EMR classes.
 IQ tests were not validated for the specific
purpose used.
 The use of the tests had discriminatory effect
on African-American students.
 Non-discriminatory assessment mandate of
EAHCA was violated.
 Civil Rights Act of 1964 & Rehabilitation Act of
1973 were violated as IQ tests were found to
be discriminatory. 14

15. Holding
 Violation of Equal Protection Clause of U.S.
Constitution was not established for Wilson
Riles because he was not in office when the
IQ test policy was adopted.
 Violation of Equal Protection Clauses of
California State Constitution was moot as
constitutional claims were not established.
The appellees were not attacking the
constitutionality of of the state statute but the
actions of the state board in complying with
the statute.
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16. Dicta
 EMR curriculum was not designed to help
children learn the necessary skills to return to
general education.
 EMR classes were “dead end” & stigmatizing.
 The IQ tests did not eliminate cultural bias, as
previous revisions dealt with gender bias.
 Alternative, less biased assessments were
available.
 Defendants’ position of genetic &
socioeconomic deprivation were untenable.
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17. Court’s Orders
 California school districts were enjoined from
using IQ tests for identification & placement of
African-American children into special
education classes.
 The defendants had to monitor & eliminate
disproportionate placement of African-
American children into special education
classes.
 All African-American children in EMR classes
at time of decision were to be re-assessed
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18. Implications - Special Education
 Increased attention & compliance with
statutes & regulations (EAHCA non-
discriminatory assessment practices).
 Development of culture-fair assessment
procedures.
 Reinforced use of multiple assessments.
 Reticence to place some children into special
education may be a disservice.
 Groups outside the class will challenge
assessment with resulting policy changes.
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